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Fine from DVLA - advice needed please

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Hi,

 

I need some advice please as the DVLA is impossible to contact by phone or email, and my appeal by letter was rejected without giving reason as to why. Here's my situation:

 

In May i took my vehicle abroad (temporarily - it will return) as i was working in France. It was taxed, and insured. As of June, this vehicle has been parked off the road, in France, on private property.

I was sent an email of a scanned letter that the DVLA sent to my UK address reminding me that my tax was to expire in July. The letter clearly indicated that should a vehicle be temporarily abroad, then i should not declare it SORN (off the road). I understand that if my car is being used on European roads, then it is still subject to UK law, so it should be taxed and insured. However, my car was off the road in Europe. Therefore, i did not tax it, nor did i declare it SORN.

I returned to Sheffield in September to find a £80 fine from the DVLA for not taxing or declaring my car SORN. I have appealed with the above details, and they have replied with a short concise letter rejecting my appeal.

 

I am quite happy to declare the vehicle SORN, but i am not prepared to pay a fine that has been incurred due to poorly written instructions on the tax reminder. However i am stuck for how to proceed as i can only get a reply via post.

 

Any ideas?

 

Thanks!

 

Adrian

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I don't think they'll consider the "off the road" bit in France relevant - from their site at http://www.direct.gov.uk/en/Motoring/BuyingAndSellingAVehicle/ImportingAndExportingAVehicle/DG_4022582 "If a UK registered vehicle is taken abroad temporarily, it remains subject to UK law. This means that you as the keeper, must by law make sure that the vehicle stays taxed while it’s overseas."

They don't seem to care if it's on the road abroad or not, just that it's abroad and still subject to UK law.

But they should really have fully explained their position.

And this might take effect too "please note that SORN can’t be made while the vehicle is abroad."

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if you want to challenge the fine then you probably should talk to a real solicitor

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The DVLA has an office in Sheffield where you could go down and speak to someone about this issue. The office is near Greens gym.

 

Not sure how it would work but I would imagine you are subject to UK law so should have made the SORN declaration or re taxed the vehicle how would anyone know if they vehicle is being used in France?

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if i was you i would pay the fine (i no its wrong)summat like the same happened to me a few years ago i finished up going to court and it cost me 280quid i wish i payed the 60quid --------they are all pirares

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yep uve gotta pay cause its ur fault harsh but true

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if i was you i would pay the fine (i no its wrong)

 

 

It isn't wrong. Since the car is still subject to UK laws despite being in France, it must be either SORN registered, or taxed. Since he didn't declare it off-road, it must be taxed.

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Thanks for the advice everyone, i went into the Sheffield DVLA office today and paid the fine (£40 for paying early). They have advised me to export the car as this free, then either register it in France or register it in England again upon returning. They also admitted that it isn't clear what to do in my situation, although they said its not worth appealing as it probably won't get me anywhere.

 

Learning point i guess.

 

Thanks

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